Citation Nr: 0936596
Decision Date: 09/28/09 Archive Date: 10/09/09
DOCKET NO. 07-38 316 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia
THE ISSUES
1. Entitlement to service connection for posttraumatic
stress disorder (PTSD).
2. Entitlement to service connection for hypertension.
3. Entitlement to service connection for a thyroid disorder.
4. Entitlement to service connection for sinusitis.
5. Entitlement to service connection for upper respiratory
infections.
REPRESENTATION
Appellant represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
L. Jeng, Counsel
INTRODUCTION
The Veteran had active duty from June 1966 to May 1968.
This matter comes before the Board of Veterans' Appeals
(Board) from a November 2005 rating decision of a Department
of Veterans Affairs (VA) Regional Office (RO).
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
In his substantive appeals received in November 2007 and
December 2007, the Veteran indicated that he desired a travel
board hearing. As such a hearing has not yet been conducted,
the Veteran should be scheduled for a travel board hearing at
the RO. 38 U.S.C.A. § 7107 (West 2002); 38 C.F.R. §§ 19.75,
19.76, 20.703, 20.704 (2008).
Accordingly, the case is REMANDED for the following action:
Schedule the Veteran for a hearing before
a Veterans Law Judge at the RO. All
correspondence and any hearing transcripts
regarding this hearing should be
associated with the claims folder.
The appellant has the right to submit additional evidence and
argument on the matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).
_________________________________________________
P.M. DILORENZO
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2008).